Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Examiner Note
It is noted that all references hereinafter to Applicant’s specification (“spec”) are to the published application US-2024-0356122-A1, unless stated otherwise. Further, any italicized text utilized hereinafter is to be interpreted as emphasis placed thereupon.
Information Disclosure Statement
The information disclosure statements (IDS) filed 26FEB2024, 18FEB2025, and 05MAY2025 are in compliance with 37 CFR 1.97 and have been considered.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claims 6, 11-15 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Regarding Claim 6, the term "an upper surface thereof" (line 3) lacks sufficient antecedent basis and thereby renders the claim indefinite. It is not clear if “an upper surface thereof” of line 3 refers to “the first current collector plate” of lines 1-2, “the terminal” of line 2, “the welding groove” of lines 2-3 or a different element.
In view of the foregoing, claim 1 is interpreted for examination on the merits in accordance with the following amendment which is respectfully suggested for overcoming the indefiniteness issue: ". . .when an upper surface of the current collector plate is in contact with . . . “ (line 3). This interpretation is made in view of the disclosure which states that the flat lower surface 152a of the terminal 150 is in contact with the upper surface of the first current collector plate 130 during laser welding [0061, 0065].
Claims 2-10 are indefinite and rejected under 35 U.S.C. 112(b) as they are directly or ultimately dependent on claim 1 and therefore include, and do not remedy the indefiniteness issues of claim 1 identified hereinabove.
Regarding Claim 11, the term “a lower end of the case” (line 2) lack sufficient antecedent basis and thereby render the claim indefinite. It is not clear if “a lower end of the case” (line 2) refers to “an open lower end” (line 4 of claim 1) or a different element.
It is noted that the broadest reasonable interpretation of claim 1 is such that “a lower end of the case” (line 2 of claim 11) refers to any lower end of the case.
Claims 12-15 are indefinite and rejected under 35 U.S.C. 112(b) as they are directly or ultimately dependent on claim 1 and therefore include, and do not remedy the indefiniteness issues of claim 1 identified hereinabove.
Regarding Claim 12, the term “a second gasket” (line 2) lack sufficient antecedent basis and thereby render the claim indefinite. It is not clear if there is a first gasket and its location, if it exists, is not specified – is it part of the beading part, or an altogether distinct element entirely?
In view of the foregoing, claim 12 is interpreted for examination on the merits in accordance with the following amendment which is respectfully suggested for overcoming the indefiniteness issue: ". . . a first gasket between the cap plate . . . “ (line 2).
It is noted that the broadest reasonable interpretation of claim 1, including the aforesaid amendments suggested for correction, is such that “a second gasket” (line 2) refers to any gasket.
Claims 13-15 are indefinite and rejected under 35 U.S.C. 112(b) as they are directly or ultimately dependent on claim 12 and therefore include, and do not remedy the indefiniteness issues of claim 12 identified hereinabove.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-6, 8-12 and 16-19 are rejected under 35 U.S.C. 102(a)(1) and 35 U.S.C. 102(a)(2) as being anticipated by Min (US 20220271405 A1; “Min”).
Regarding Claim 1, Min teaches a cylindrical battery cell [0003] that is a type of secondary battery cell [0007] comprising an electrode assembly [0013], a positive electrode plate [0012] (first electrode plate), a negative electrode plate [0012] (second electrode plate), and a separator [0013]. Min teaches a battery housing (a case) accommodating the electrode assembly that has a first end with a first opening [0053] (having an open lower end). Min teaches that the electrode plate 90 has a current collector 91 [0206] (please refer to Fig. 7a of Min, Fig. 8 of Min and Fig. 10b of Min below which depict the first current collector between an upper surface of the electrode assembly and the case).
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[AltContent: textbox (90 – Electrode Plate
91 – Current Collector
92 – Active Material Layer
93 – Uncoated Portion
93a – Notched Segments
94 – Insulating Coating Layer)]
Fig. 8 of Min, duplicated from Sheet 10 of 18 of Min
[AltContent: textbox (70 – Cylindrical Battery Cell
72 – Uncoated Portion of First Electrode Plate
73 – Uncoated Portion of Second Electrode Plate
90 – Electrode Plate
93a – Notched Segments
100 - Electrode Assembly)][AltContent: textbox (Current Collector at Upper End of Electrode Assembly (see Fig. 8 of Min above))][AltContent: arrow][AltContent: textbox (Battery Case)][AltContent: arrow]
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Fig. 10b of Min, duplicated from Sheet 13 of 18 of Drawings of Min
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Min teaches that the first current collector plate is electrically connected to the positive electrode terminal [0018] (the first electrode plate). Min teaches that the terminal is exposed to the outside [0007] (extending through an upper surface of the case); the terminal has a lower end mechanically and electrically connected to the first current collector plate ([0018] and please refer to Fig. 4 of Min below).
[AltContent: textbox (Terminal)][AltContent: arrow]
[AltContent: textbox (30 – Current Collecting Plate
42a – Cap Plate
42c – Connection Plate
45 – Lead)]
Fig. 4 of Min, duplicated from Sheet 4 of 18 of Min
Moreover, Min teaches at least a portion of the (first) current collecting plate 79, such as the central portion 79a thereof, may be welded (mechanically and electrically connected) to the flat portion 50d of the electrode terminal [0192] (please refer to Fig. 7a of Min below).
Min teaches that the cylindrical battery cell 70 also includes a cylindrical battery can 51 that accommodates the electrode assembly 71 and is electrically connected to the uncoated portion 72 of the electrode plate [0180] (the case being electrically connected to the second electrode plate).
[AltContent: textbox (Welding Groove)][AltContent: textbox (Sealing Members)][AltContent: textbox (Depth Downward)]
[AltContent: textbox (50 – Electrode Terminal
50b – Outer Flange Portion of Terminal
50c – Inner Flange Portion of Terminal
50d – Flat Portion of Terminal
51 – Battery Can
54a – Outer Gasket Exposed Area
70 – Cylindrical Battery Cell
71- Electrode Assembly
74a – Cap Plate
74 – Sealing Body
74b – Sealing Gasket
75 – Crimping Portion
76 – Beading Portion
78 – First Current Collecting Plate
79 – Second Current Collecting Plate
80 – Insulator)][AltContent: arrow][AltContent: arrow]
[AltContent: arrow][AltContent: arrow]
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[AltContent: oval][AltContent: oval][AltContent: oval]
[AltContent: textbox (Edge of Current Collector)]
[AltContent: arrow]
[AltContent: oval]
Fig. 7a of Min, duplicated from Sheet 8 of 18 of Min
Min teaches that the welding groove has a depth downward from an upper surface thereof (please see Fig. 7a of Min above).
Min teaches that the sealing member fills the welding groove (please see Fig. 7a of Min above).
Min also teaches a cap plate 74a part of the sealing body that seals the lower end of the battery can [0185] (please refer to Fig. 7a of Ming above).
Regarding Claim 2, Min teaches that the depth of the welding groove is greater than a height of the sealing member (please refer to Fig. 7a of Ming above and [0045-0046]).
Regarding Claim 3, Min teaches at least one protrusion or groove provided on an inner surface of the welding groove (please refer to Fig. 6a of Ming below and [0147]).
[AltContent: textbox (50 – Electrode Terminal
50b – Outer Flange Portion of Terminal
50c – Inner Flange Portion of Terminal
50d – Flat Portion of Terminal
52 – Bottom of Battery Can
54 – Rivet Gasket
54a – Outer Gasket Exposed Area
70 – Cylindrical Battery Cell
71- Electrode Assembly
74a – Cap Plate
74 – Sealing Body
78 – First Current Collecting Plate
79 – Second Current Collecting Plate
80 – Insulator)][AltContent: textbox (Protrusion or Groove Provided on an Inner Surface of the Welding Groove)]
[AltContent: textbox (Lower Diameter)][AltContent: arrow][AltContent: arrow]
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[AltContent: connector][AltContent: connector][AltContent: oval]
[AltContent: arrow][AltContent: oval][AltContent: arrow]
[AltContent: arrow]
[AltContent: textbox (Upper Diameter)][AltContent: textbox (Fastening Part)][AltContent: textbox (Head)]
Fig. 6a of Min, duplicated from Sheet 5 of 18 of Min
Regarding Claim 4, Min teaches the preform of the electrode terminal is inserted into the preformation hole 53 and pressed by the caulking jig while the outer gasket 54a (the fixing member) is interposed between the outer flange portion 50b and the outer surface 52a [0149] (the sealing member comprises a fixing member positioned and shaped according to the at least one protrusion or groove in the welding groove). Please refer to Fig. 6a of Min above to view the electrode terminal and Fig. 7a for its arrangement in the battery can.
Regarding Claim 5, Min teaches that the terminal comprises a body portion 50a inserted into the perforation hole and a flat portion 50d provided on the second side of the body portion 50a [0121] (a head on an upper portion of the case).
Min also teaches that the terminal contains an outer (50b) and inner (50c) flange portions [0121] (a fastening part extending from a center of the head towards an inside of the case and integrally formed with the head).
Regarding Claim 6, Min teaches that the flat portion 50d of the electrode terminal 50 and the second current collecting plate 79 may be welded using laser welding [0194], wherein the welding beads are inherent and form a pattern as indicated in Fig. 6c below.
[AltContent: textbox (Wp – Welding Pattern
50d – Flat Portion of the Electrode Terminal)]
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Fig. 6c of Min, duplicated from Sheet 7 of 18 of Min
Min teaches the height (H1) of the flat portion 50d based on the inner surface 52b of the bottom 52 of the battery can 51 may be equal to or greater than the height (H3) of the end of the inner flange portion 50c [0130], which would result in a lower surface of the fastening part making contact an upper surface of the first current collector plate.
Regarding Claim 8, Min teaches that the welding groove extends through the center of the head in a downward direction from an upper portion of the fastening part (please refer to Fig. 7a of Min above).
Regarding Claim 9, Min teaches a first gasket between the terminal and the case (please refer to Fig. 7a of Min above and [0027]).
Regarding Claim 10, Min teaches that R3 must be smaller than R1 (please refer to Fig. 7a of Min above, Fig. 5 of Min below and [0144]) (the welding groove has an upper diameter larger than a lower diameter thereof). In addition, Min teaches an asymmetric groove 55 [0124], which results in the welding groove having an upper diameter larger than a lower diameter thereof.
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[AltContent: textbox (Lower Diameter)][AltContent: arrow]
[AltContent: textbox (Welding Groove)][AltContent: arrow]
[AltContent: textbox (Upper Diameter)][AltContent: arrow]
Fig. 5 of Min, duplicated from Sheet 5 of 18 of Min
Regarding Claim 11, Min teaches the battery housing may include a beading portion formed in a region adjacent to the first end of the battery housing which is pressed-in into the battery housing, and the sealing body may include a cap and a sealing gasket between an edge of the cap and the first end of the battery housing [0054].
Min teaches the battery housing may further include a crimping portion extended and bent into the inside of the battery housing to surround and fix the edge of the cap together with the sealing gasket [0055]. Refer to Fig. 7a of Min above for the orientation of the 74b – Sealing Gasket (beading part) and 75 – Crimping Portion (crimping part).
Regarding Claim 12, Min teaches a cap having no polarity (non-polar) and a sealing gasket between an edge of the cap and the first end of the battery housing [0054]. Min also teaches the beading portion 76 pressed-in into the battery can 51 in a region adjacent the open end thereof [0190].
Regarding Claim 16, Min teaches the cap may include a vent notch [0056] that may be formed at both sides of the cap plate. Please refer to Fig. 7a of Min above for the vent notch part 77, that is formed in a central region of the cap plate.
Regarding Claim 17, Min teaches an electrode terminal riveted through a perforation hole (having a terminal hole at a center thereof) formed in the bottom of the battery can (an upper surface part having a flat plat shape) [0117] (please refer to Fig. 7a of Min above and [0058]).
Regarding Claim 18, Min teaches the insulator 80 may be interposed between the current collecting plate 79 and the inner surface 52a of the bottom 52 of the battery can 51 [0198].
Regarding Claim 19, Min teaches that in the electrode assembly, a positive electrode uncoated portion not coated with a positive electrode active material protrudes upwardly from the first electrode plate, and a negative electrode uncoated portion not coated with a negative electrode active material protrudes downwardly from the second electrode plate (refer to Fig. 9 of Min below).
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[AltContent: textbox (72 – Uncoated Portion of the First Electrode Plate (Negative Electrode – [0177])
73 – Uncoated Portion of the Second Electrode Plate – Positive Electrode – [0177]
100 – Electrode Assembly)]
Fig. 9 of Min, duplicated from Sheet 11 of 18 of Min
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Min (US 20220271405 A1; “Min”).
Regarding Claim 7, Min teaches the height (H1) of the flat portion 50d based on the inner surface 52b of the bottom 52 of the battery can 51 may be equal to or greater than the height (H3) of the end of the inner flange portion 50c [0130]. Min teaches that a height of the inner flange portion may be 0.5 mm to 3.0 mm based on the inner surface of the bottom of the battery housing ([0045] and please refer to Fig. 6a of Min), which overlaps with the claimed range of 0.5 mm to 1.5 mm. It would have been obvious to one of ordinary skill in the art at the time of the invention to have selected the overlapping portion of the ranges disclosed by the reference because overlapping ranges have been held to be a prima facie case of obviousness, In re Wertheim, 191 USPQ 90, In re Woodruff, 16 USPQ2d 1934, and In re Peterson, 65 USPQ2d 1379.
Claims 13-15 are rejected under 35 U.S.C. 103 as being unpatentable over Min (US 20220271405 A1; “Min”) in view of Nakanishi (US-20040023107-A1; “Nakanishi”).
Regarding Claim 13, Min teaches the elements of Claim 12 as discussed above.
Min teaches the current collector plate 78 which is welded to the uncoated portion 72 of the electrode plate [0191].
Min does not explicitly state the current collector plate 78 is circular.
Nakanishi teaches the current collector plate on the negative electrode side is circular [0083]. Nakanishi teaches the positive current collector plate (61) for the positive electrode is circular in Fig. 9(a) of Nakanishi below:
[AltContent: arrow][AltContent: textbox (Positive Current Collector Plate)]
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Fig. 9(a) of Nakanishi, duplicated from Sheet 7 of 12 of Nakanishi
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the battery of Min such that the current collector plate 78 in the battery of Min is circular as taught by Nakanishi. Min and Nakanishi each constitute prior art which is directly analogous to claimed invention (MPEP 2141.01(a)(I)) by falling in the same field of endeavor of batteries. Min discloses the claimed invention except for explicitly specifying the shape of the current collector plate (the battery is cylindrical [0060], and Fig. 10b, 7a and 8 of Min above suggest a circular current collector plate). It would have been obvious to one having ordinary skill in the art at the time the invention was made to create a circular current collector plate, since it has been held that the configuration was a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration claimed was significant. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966). Moreover, Nakanishi teaches that the direct welding of the current collector plate by way of the one or more connecting pieces to the base portion of the terminal assembly reduces deadspace in the battery can [0072]. This provides the adequate motivation for incorporating these features readily known in the art; changing the shape of the current collector plate, if not already circular in Min, would have been obvious to a person of ordinary skill in the art.
Regarding Claim 14, Min teaches the second collector plate has a circular planar part contacting the lower surface of the electrode assembly; and an extension part extending downwardly from an edge of the planar part (please refer to Fig. 7a of Min above and [0058]).
Regarding Claim 15, Min teaches the cylindrical battery may further comprise a current collecting unit coupled to an electrode, and at least a part of an edge of the first current collecting unit not in contact with the second portion of the first electrode may be between the beading portion and the sealing gasket and fixed by the crimping portion (please refer to Fig. 7a of Min above and [0058]).
Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
CN-105849939-B to Kajiwara K. teaches the thickness of the rivet (fastening part) being about 1 mm (last full paragraph of Page 8) and also teaches a through hole to make the connection terminal 12A (fourth full paragraph of Page 10).
JP-2019145478-A to Ishii E. teaches since the shape of the first winding end 24 in plan view is circular, the shape of the current collector plate 4 in plan view is also preferably circular (first full paragraph of Page 4).
US-20220231345-A1 to Hwangbo K. teaches a welding pattern drawn by welding beads formed on one surface of the terminal coupling portion of the first current collector may be drawn to surround a center of a bottom surface of the terminal [0093].
CN-115882033-A to Zhao M. teaches the insulating member 500 may be wider than the width of the exposed curved surface 111, to cover the exposed curved surface 111 of the first uncoated region 110 (seventh full paragraph of Page 11).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM FADDOUL SAVAGE whose telephone number is (571)270-0315. The examiner can normally be reached 8a.m.-5p.m..
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Aaron Austin can be reached at 571-272-8935. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/WILLIAM FADDOUL SAVAGE/
/AARON AUSTIN/ Supervisory Patent Examiner, Art Unit 1782
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